Published AAO appeal decisions

A materials engineering researcher proposed computational modeling research to improve additive manufacturing processes and sought a national interest waiver. The AAO agreed the endeavor has substantial merit but held national importance was not shown, since the evidence did not demonstrate prospective impact. It dismissed the appeal and reserved the remaining prongs.

Industrial machinery mechanic sought EB-2 exceptional ability classification with national interest waiver. AAO found petitioner met only two of six criteria and lacked exceptional ability: professional identity card did not constitute recognized profession license; salary evidence insufficient; professional association membership unsubstantiated; achievement recognition undemonstrated. Appeal dismissed.

Software engineer proposing AI infrastructure development for large language models advancing U.S. innovation seeks NIW under EB-2. AAO remanded because record was incomplete with illegible exhibits and SCOPS did not fully evaluate all three Dhanasar prongs. Petitioner to resubmit clear copies and articulate national importance and balance analysis.

Oil and gas completions specialist seeks NIW under EB-2 with advanced degree. Proposed AI-enabled endeavor aligned with federal supply-chain policies. AAO dismissed appeal, finding substantial merit but no demonstrated national importance; company-specific savings lack broader industry implications required by Dhanasar.

A systems engineering specialist sought EB-2 national interest waiver. The AAO dismissed the appeal, finding the proposed endeavor lacked sufficient national importance under Dhanasar. Working in telecommunications generally does not establish specific endeavor importance; broader industry relevance was insufficient.

A technology corporation sponsored an engineer for EB-2 with NIW to advance wireless RF digital module design. The petitioner failed to address the third Dhanasar prong (balance favoring waiver) including labor certification impracticality; the appeal arguments were limited and did not meaningfully contest the service center's denial. The appeal was dismissed as the third prong is dispositive.

General manager of construction company in Colombia sought EB-2 classification with national interest waiver for sustainable construction endeavor. SCOPS found advanced degree qualification but denied waiver. AAO affirmed, finding proposed endeavor lacks demonstrated national importance and petitioner failed to show waiver would benefit the United States.

A scientist seeks EB-2 classification with national interest waiver to conduct immunology research targeting autoimmune diseases and cancer. Service center denied the waiver based on inadequate national importance. AAO remanded because service center failed to properly analyze the proposed endeavor's specifics, the petitioner's qualifications, and factors favoring waiver.

Physicist sought EB-2 NIW for postdoctoral research and future academic positions in physics. AAO rejected SCOPS finding of national importance; petitioner's vague, undetermined research endeavor and few citations lack national or global implications in field. Appeal dismissed.

Legal consultant self-petitioned for EB-2 NIW to facilitate business transactions for U.S. investors entering Albanian market. AAO found substantial merit but no national importance because impact limited to individual clients without broader field implications. Appeal dismissed.

Mathematics educator with 17 years teaching experience sought NIW for EB-2 classification. AAO affirmed SCOPS denial, finding the proposed endeavor lacked national importance because impacts were limited to her company and students without demonstrating broader field-level benefits or innovation.

Chief operating officer of NSF-funded fire suppression technology startup seeking EB-2 NIW. Qualified for underlying EB-2. AAO affirmed denial of first Dhanasar prong: while fire suppression field is important, petitioner's specific operational work lacks national importance beyond employer benefits and does not broadly impact the industry.

Chief urban planner with advanced degree seeks EB-2 national interest waiver for mixed-use real estate and housing policy work. AAO withdrew SCOPS denial and remanded because SCOPS provided insufficient reasoned analysis of evidence supporting all three Dhanasar prongs.

Production engineer and entrepreneur sought EB-2 NIW for consultancy business. AAO found petitioner qualified as advanced degree professional but rejected endeavor's national importance. Consultancy services lacked sufficient prospective impact on industry or economy; job creation projections insufficiently detailed. Appeal dismissed.

Treasurer/controller in construction industry sought EB-2 NIW for beneficiary proposing civil engineering and residential development company. AAO dismissed, finding proposed endeavor had substantial merit but lacked national importance; economic benefits limited to local region without sufficient prospective national impact or implications.

A franchise owner in solar and EV charging installation sought EB-2 national interest waiver. Underlying advanced degree qualification was established, but the Dhanasar framework analysis failed at the first prong. The AAO found his specific endeavor lacked national importance despite the importance of the solar and EV sectors generally; benefits were localized to small subsets. Appeal dismissed.

An entrepreneur in STEM education filed a motion to reconsider an NIW denial for an EB-2 national interest waiver for a coding academy. The AAO affirmed the prior decision that the petitioner failed the first Dhanasar prong: the proposed academy lacked independent corroboration of national importance and would not impact the field beyond local scope.

A business manager filed for EB-2 exceptional ability with national interest waiver. She satisfied three evidentiary criteria initially but failed final merits determination, lacking expertise significantly above ordinary in the field. AAO found no exceptional ability and thus ineligible for EB-2 or NIW, dismissing appeal.

Business executive with advanced degree sought NIW for technology-focused business endeavor. AAO affirmed dismissal, finding proposed endeavor lacks national importance because business plan was vague on location and operations, lacked substantiated financial projections, and provided only generalized industry information rather than specific endeavor impact.

Architectural designer seeking NIW for patented panelized housing system business claiming national importance addressing housing shortage and sustainability. AAO found substantial merit but not national importance, as evidence did not establish prospective national-level impact beyond company operations or how work would significantly impact depressed areas.

A petitioner with education background in emergency preparedness and school-based disaster response filed a motion to reopen and reconsider a dismissed national interest waiver appeal. The AAO dismissed the motion because the petitioner presented no new facts not previously submitted and failed to demonstrate the prior decision was based on incorrect law or policy.

Industrial product company petitioned for an EB-2 national interest waiver for a product engineering team lead with a master's in mechanical engineering. The AAO dismissed the appeal, finding the petitioner failed to establish the proposed endeavor's substantial merit and national importance under Dhanasar's first prong, lacking sufficient detail on how the work would impact U.S. infrastructure beyond the company.

An employer sought a national interest waiver for a beneficiary as associate vice president in pharmaceutical supply chain management. The AAO held the proposed endeavor lacked demonstrated national importance under Dhanasar's first prong because work would not impact the field broadly, merely addressing company-specific needs despite being in an important sector.

Data security and compliance professional with exceptional ability sought NIW for consultancy serving small and medium enterprises and educational institutions. AAO dismissed appeal because petitioner failed to establish national importance; evidence lacked sufficient detail showing the specific company's endeavor would achieve substantial positive economic effects at national scale.

Occupational health and safety consultant sought EB-2 with national interest waiver. AAO found proposed endeavor lacked demonstrated national importance; evidence showed only general industry significance and vague vision statements without concrete training programs or detailed implementation. Petitioner not well positioned to advance endeavor. Appeal dismissed.